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DEPARTMENT OF STATE LANDS

DIVISION 142

RULES GOVERNING THE ESTABLISHMENT AND MANAGEMENT OF MARINE RESERVES
AND MARINE PROTECTED AREAS IN THE TERRITORIAL SEA

141-142-0010

Purpose and Applicability

This division:

(1) Governs
the State Land Board establishment and Department of State Lands (Department) management
of marine reserves, marine protected areas and seabird protection areas in the Territorial
Sea.

(2) Describes
uses that the Department may authorize within areas designated as a marine reserve,
marine protected area, or seabird protection area.

(3) Identifies
areas of state-owned submerged and submersible land in the Territorial Sea managed
by the Department that the State Land Board has designated as a marine reserve,
marine protected area, or seabird protection area.

(1) “Authorization”
means a lease, registration, short-term access authorization, temporary use authorization,
public facility license, easement or other authorization the Department grants that
allows a person to use, or place a structure in, on, under or over state-owned submerged
land, state-owned submersible land, or both in the Territorial Sea.

(2) “Department”
means the Department of State Lands.

(3) “Disturbance”
means the extraction of living organisms and non-living materials, or human induced
changes to the environment.

(4) “Extractive
Activity” means any human effort to remove or attempt to remove any living
or non-living marine resource.

(5) “Extreme
Low Water” or “ELWL” [means the lowest elevation reached by the
sea as recorded by a water level gauge during a given period. Extreme low water
is generally seaward of the “line of ordinary low water” as defined
in ORS 274.005(3).]

(6) “Marine
Protected Area” means any area of the marine environment within Oregon’s
Territorial Sea that has been reserved by the state to provide lasting protection
for part or all of the natural and cultural resources therein.

(7) “Marine
Reserve” is an area within Oregon's Territorial Sea or adjacent rocky intertidal
area that is protected from all extractive activities, including the removal or
disturbance of living and non-living marine resources, except as necessary for monitoring
or research to evaluate reserve condition, effectiveness, or impact of stressors.

(8) “Mean
High Water” or “MHWL” is a tidal datum. It is the average of all
the high water heights observed over the National Tidal Datum Epoch. For stations
with shorter series, comparison of simultaneous observations with a control tide
station is made in order to derive the equivalent datum of the National Tidal Datum
Epoch. For purposes of the Department’s jurisdiction, Mean High Water corresponds
generally with the “line of ordinary high water” as defined in ORS 274.005(3).

(9) “National
Tidal Datum Epoch” means the specific 19-year period adopted by the National
Ocean Service as the official time segment over which tide observations are taken
and reduced to obtain mean values (e.g., mean lower low water, etc.) for tidal datums.
It is necessary for standardization because of periodic and apparent secular trends
in sea level. The present National Tide Datum Epoch is 1983 through 2001 and is
actively considered for revision every 20-25 years. Tidal datums in certain regions
with anomalous sea level changes are calculated on a Modified 5-Year Epoch.

(10) “Removal-Fill
Permit” means an authorization granted by the Department governing the removal,
fill, alteration, or any combination thereof of material within the waters of the
State of Oregon as provided in ORS 196.668 to 196.692 and 196.800 to 196.990.

(11) “Seabird
Protection Area” is an area within Oregon’s Territorial Sea that has
been reserved by the state for the protection of seabirds.

(12) “State
Land” as provided in ORS 273.006(8) means public land controlled by the Department.

(14) “Submerged
Land” as provided in ORS 274.005(7), means lands lying below the line of ordinary
low water of all navigable waters within the boundaries of this state as heretofore
or hereafter established, whether such waters are tidal or nontidal, except as provided
in ORS 274.705.

(15) “Submersible
Land” as provided in ORS 274.005(8), means lands lying between the line of
ordinary high water and the line of ordinary low water of all navigable waters and
all islands, shore lands or other such lands held by or granted to this state by
virtue of her sovereignty, wherever applicable, within the boundaries of this state
as heretofore or hereafter established, whether such waters or lands are tidal or
nontidal, except as provided in ORS 274.705.

(16) “Territorial
Sea” as provided in ORS 196.405(5), means the waters and seabed extending
three nautical/geographical miles seaward from the coastline in conformance with
federal law.

(17) “Territorial
Sea Plan” as provided in ORS 196.405(6), means the plan for Oregon’s
Territorial Sea. In addition to the Territorial Sea as defined in section (15),
the scope of the Territorial Sea Plan includes the “ocean shore” as
defined in ORS 390.605.

(1) The Department
will only grant an authorization or a removal-fill permit for a regulated removal-fill
activity if the use, or removal, fill or alteration of material is necessary to
study, monitor, evaluate, enforce or protect or otherwise further the studying,
monitoring, enforcement and protection of the marine reserve, marine protected area
or seabird protection area.

(2) Applicants
for an authorization within a marine reserve, marine protected area or seabird protection
area must provide evidence suitable to the Department and other reviewing agencies
that their proposed use meets the requirements of OAR 141-142-0020(1) and the management
plan adopted and in force for the area at the time the application is submitted.

(3) The Department
will honor the terms and conditions of any valid authorization (including any provisions
providing for a right of renewal) previously granted by the Department for a use
existing within an area designated as a marine reserve, marine protected area, or
seabird protection area at the time of its designation if the holder of the authorization
is, and continues to be in full compliance with the terms and conditions of the
authorization.

(4) The Department
will condition any authorization to use or place a structure on, in or over state-owned
submerged and submersible land in an area designated as a marine reserve, marine
protected area or seabird protection area to require that the holder receive all
other authorizations required by the Department (such as a Removal-Fill Authorization
under ORS 196.800 to 196.990) and other local, state, and federal entities before
using the area.

(5) Any person
applying to the Department for an authorization to place any structure on, in or
over state-owned submerged and submersible land in an area designated as a marine
reserve, marine protected area, or seabird protection area must describe in the
application how they will remove the structure pursuant to the requirements of the
Territorial Sea Plan.

(6) Notwithstanding
the provisions of ORS 274.885 to 274.895, no person may harvest or remove any kelp
or other seaweed for any purpose within an area designated as a marine reserve or
marine protected area unless expressly authorized by the Department to do so in
order to study, monitor, evaluate, enforce or otherwise further the purpose of the
marine reserve, marine protected area or seabird protection area.

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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